Month: October 2018

Bizarre, Criminal law, Society, Torts

Spooky Torts: The 2018 List Of Halloween Litigation Horrors

200px-Pumpkins2009Here is our annual list of Halloween torts and crimes. Halloween of course remains a holiday seemingly designed for personal injury lawyers around the world and this year’s additions show why. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more.  This year’s addition is a real dozzy.

So, with no further ado, here is this year’s updated list of actual cases related to Halloween. Continue reading “Spooky Torts: The 2018 List Of Halloween Litigation Horrors” →

Bizarre, Media

I’m White, I’m Hot . . . I’m Unemployed

Unknown-4Many people followed the bizarre story of Susan Westwood, 51, who confronted two African American women in a parking lot.   While sharply questioning the women on what they were doing in the parking lot, Westwood infamously and curiously proclaimed “I’m white and I’m hot. I’m white and I’m hot.” Notably, Westwood repeatedly brags about her $125,000 salary, stating “I’m white and I make $125,000 a year and I want to make sure that you’re all up in here.”  She is now unemployed after her videotape went viral. Continue reading “I’m White, I’m Hot . . . I’m Unemployed” →

Bizarre, Criminal law, International

Artistic License? Scientist in Antarctica Stabs Colleague For Repeatedly Spoiling The Ending Of Books

Aan_de_Zuidpool_-_p1913-160Many people might empathize with Scientific Engineer Sergey Savitsky, 55, who was fed up with a fellow scientist who repeatedly told him the endings of books that he was reading.  It made it all the worse when the two men were confined to a research center in Antarctica.  However, Savitsky took the spoiler gripe a bit too far in stabbing welder Oleg Beloguzov, 52, with a kitchen knife.  It is reportedly the first recorded attempted murder in Antarctica  — a rare distinction to be the first such criminal in an entire continent. Continue reading “Artistic License? Scientist in Antarctica Stabs Colleague For Repeatedly Spoiling The Ending Of Books” →

Bizarre, Society, Torts

Family Of Pennsylvania College Student Sues Sacred Heart University Over Death During Eating Contest

Drinking and eating contests were once the rage.  While most (though not all) of the drinking contests are gone, eating contests are still prevalent.  The risk of choking is obvious in such contests as is tragically evident in Connecticut in a new filing.  The family of Caitlin Nelson, 20, is suing Sacred Heart University for her death in a pancake-eating contest. The filing is based on “the preventable dangers associated with amateur eating competitions.”

Continue reading “Family Of Pennsylvania College Student Sues Sacred Heart University Over Death During Eating Contest” →

Bizarre, Criminal law, Torts

Kentucky Man Charged With Murder For Failing To Stop His Mother From Committing Suicide

There is a novel criminal charge in Kentucky where Jeffrey Wisecup, 27, is accused of watching his mother commit suicide and not acting to prevent it.  It is a charge based on a theory of an affirmative duty to act to save someone — a premise long rejected in the United States where  the “no duty to rescue” rule has been a long-standing part of torts. Continue reading “Kentucky Man Charged With Murder For Failing To Stop His Mother From Committing Suicide” →

Academia, Congress, Politics, Society

California Professor Charged $48,329 for Allergy Tests By Stanford Health Care

downloadWe have been previously discussing our ridiculous medical insurance system where citizens are hit with obscene charges — often by design to ensnare those unwilling or unable to challenge the charges.  It can range from an $18,000 charge for a napping child to $15,000 for tiny screws to $89,329 for a $750 serum. The system exists because Congress allows it to exist in conformity with an army of lobbyists for the pharmaceutical and medical industries.  The latest example was laid out by National Public Radio (NPR). Professor Janet Winston, 56, who teaches Humboldt State University, was charged $48, 329 for allergy testing at Stanford Health Care. Continue reading “California Professor Charged $48,329 for Allergy Tests By Stanford Health Care” →

Constitutional Law, Criminal law

The Pandora Moment: Both Democratic and Republican Leaders Call For Investigations Over Perjury Linked To Kavanaugh Confirmation

Below is my column in The Hill newspaper on the increasing calls on both the Democratic and Republican sides for perjury investigation stemming from the Kavanaugh hearings.  If both parties eagerly open the perjury box, they could find Pandora’s box looks tame by comparison.  (For purposes of full disclosure, Michael Avenatti is a former student of mine from George Washington University Law School).

Here is the column: Continue reading “The Pandora Moment: Both Democratic and Republican Leaders Call For Investigations Over Perjury Linked To Kavanaugh Confirmation” →

Constitutional Law, Free Speech, International, Religion

Ireland Votes To Remove Blasphemy As An Offense From It’s Constitution

Ireland has voted to remove blasphemy as a punishable offense from the country’s constitution — a move that could allow the repealing for Ireland’s long-controversial crime for speech deemed offensive to religious sensibilities.  Ireland has held the ignoble distinction as one of the few non-Muslim countries still criminalizing blasphemy.  I have previously criticized the law (here and here and here).  Some 65% of the voters supported the removal of the blasphemy reference in the Constitution. Continue reading “Ireland Votes To Remove Blasphemy As An Offense From It’s Constitution” →

Bizarre, Constitutional Law, Criminal law, International, Politics, Society

San Francisco Spends $6,326 A Vote To Register 49 Undocumented Migrants To Vote

San Francisco has triggered a national debate over its decision to register undocumented migrants to vote in school board elections.  However, a more pressing controversy may be the amount of money spent on the effort.  San Francisco spent $310,000 to register just 49 people in the city. That translates to $6,326 a vote.  The measure has created an interesting split among advocates as some have warned the city could be giving ICE a ready-made list for roundups of deportations.   Continue reading “San Francisco Spends $6,326 A Vote To Register 49 Undocumented Migrants To Vote” →

Academia, Media, Politics, Society, Torts

RES IPSA HITS 35,000,000

We just hit another milestone this weekend with over 35,000,000 views. We are also recently closing in on 60,000 followers on Twitter.  We like to call the site the “little engine that could” among blogs with our growing collection of people from around the world.  Despite a few contributors who insist on personal characterizations and attacks, this site strives to be a place for civil but passionate discourse on legal and policy issues  of our time (and perhaps a few wacky stories).

We often use these milestones to look at the current profile of the blog and its supporters around the world.  As always, I want to offer special thanks to Darren Smith who continues help up with periodic technical problems and our many regular commentators and readers.  We try to keep this blog as an open forum with as little interference or monitoring of the comments as possible.  Given our free speech orientation, we try not to delete comments and, for that reason, we are deeply appreciative of how most people avoid personal or offensive comments in debating these issues.  Obviously, our open forum allows trolls and others to spew comments that are at times offensive and obnoxious but we continue to believe that civil and balanced comments will prevail.  Thank you for voluntarily assuming restraint over the tenor and content of your comments.

So here is our current profile:

Continue reading “RES IPSA HITS 35,000,000” →

Bizarre, Media, Society

Costume Controversy Over Halloween Heats Up After Megyn Kelly’s Cancellation

In the aftermath of NBC cancelling Megyn Kelly’s show after her comments of growing up with black face costumes, the controversy continued over on CNN after CNN political analyst Kirsten Powers declared that the feelings of white people are irrelevant in barring the use of Indian and other costumes as cultural appropriation.  When commentator Kris Paronto (who is famous for his role in guarding the CIA annex during the 2012 terrorist attack in Benghazi) criticized Powers for saying the feelings of white people “didn’t matter,”  Powers responded by calling Paronto and others criticism her “racists.”  The exchange is an example of how little dialogue is actually occurring despite the focus on this issue. I have been critical of university efforts to ban certain Halloween outfits, but I can see the objections raised over their depiction.  The problem is that no discussion is possible when maintaining an opposing view is instantly and conclusorily dismissed as racist. Continue reading “Costume Controversy Over Halloween Heats Up After Megyn Kelly’s Cancellation” →

Criminal law, Torts

WA Appeals Court Ruling In Gas Cardlock Theft Could Affect Consumer Protection And Prosecution Practices

By Darren Smith, Weekend Contributor

A ruling by Division Three of the Washington State Court of Appeals might be worth reviewing for those not only in the state but elsewhere as the opinion demonstrates an interpretation of the federal Truth in Lending Act governing credit card liability of consumers. It could also affect at least in Washington whether to charge a defendant with a financial crime or the possession of stolen property due to a Federal Reserve Board opinion that could affect charging elements resulting from the theft of a CardLock access device.

In Connell Oil, Inc. v. McConnell-Johnson, Appellants “The Marital Community of Erik and Jackie McConnell Johnson” appealed a trial court ruling favorable to plaintiff Washington Corporation “Connell Oil, Inc.” after the oil company demanded damages and attorney fees amounting to $34,649.68 resulting from the fraudulent use of the Johnson’s petroleum CardLock access card after the device was stolen from one of Mr. Johnson’s farm vehicles. Defendants claimed that they were not fully liable for the unauthorized charges under the federal Truth in Lending Act which ordinarily protects consumers from fraudulent credit card charges.

The Court “conclude[d] the trial court did not err when it ruled that the stolen cardlock was not a credit card for purposes of TILA and entered judgment in favor of Connell Oil.” Connell Oil received an award of attorney and legal fees as it was the prevailing party.

Continue reading “WA Appeals Court Ruling In Gas Cardlock Theft Could Affect Consumer Protection And Prosecution Practices” →

Criminal law, Politics

FBI Arrests Pro-Trump Florida Man As Suspected Mail Bomber

The FBI lived up to its international reputation in nailing the suspected mail bomber within just a few days of the first appearance of pipe bombs at the offices or homes of leading critics of President Donald Trump.  He is Cesar A. Sayoc, 56, a Trump supporter and body builder with a criminal history.  He has appeared at Trump rallies and identifies himself as a Native American for Trump.  He has been described as a “muscle head stripper” for his former boss.

Continue reading “FBI Arrests Pro-Trump Florida Man As Suspected Mail Bomber” →

Politics

“A Methodology of Mistruth”: Scaramucci Clarifies His Earlier Description of Trump As A Liar By Saying He Is Actually An “Intentional Liar”

I have previously written about Anthony Scaramucci and his short period as a White House Communications Director.  Scaramucci has said that he remains in contact with President Donald Trump and it was therefore a surprise to read that Scaramucci called Trump a “liar” in promoting his new book.  After considerable coverage on that point, Scaramucci made a rather curious pivot in clarifying that President Trump is not a “liar” but an “intentional liar.”  That really does not sound like an improvement. Continue reading ““A Methodology of Mistruth”: Scaramucci Clarifies His Earlier Description of Trump As A Liar By Saying He Is Actually An “Intentional Liar”” →

Bizarre, Constitutional Law, Free Speech, International, Religion, Society

European Court Upholds Prosecution Of Woman For Comparing Muhammad’s Marriage To A Six-Year-Old Girl To Pedophilia

A new decision from the European Court of Human Rights (ECHR) confirms the all-out assault on free speech that has taken hold of Europe.  In a chilling decision, the ECHR upheld a fine levied against an Austrian woman who called Muhammad a pedophile for his arranged marriage with a young girl while in his 50s.   The court ruled that such views are not protected by free speech because they violate “the right of others to have their religious feelings protected.” The decision confirms the near complete subjugation of free speech to religious and other views in society.   Continue reading “European Court Upholds Prosecution Of Woman For Comparing Muhammad’s Marriage To A Six-Year-Old Girl To Pedophilia” →

Res ipsa loquitur – The thing itself speaks